Right to Marry the Person of One’s Choice

A Fundamental Expression of Liberty, Equality, and Dignity under the Indian Constitution

Why in the News?

• The Right to Marry the Person of One’s Choice has been reaffirmed several times by the Supreme Court of India as an essential part of the fundamental right to life and personal liberty under Article 21 of the Constitution.
• Recently, courts have reiterated this right while addressing cases involving inter-caste, inter-faith, and same-sex relationships, emphasizing that choice in marriage is a personal liberty protected by the Constitution.

Constitutional Basis of the Right to Marry:

The Right to Marry is not explicitly mentioned in the Constitution but has been recognized as a fundamental right through judicial interpretation.

Key Constitutional Provisions:

• Article 14 – Right to Equality: No discrimination in matters of marriage or personal choice.
• Article 19(1)(a) – Freedom of Expression: Includes the right to express personal choices in relationships.
• Article 21 – Right to Life and Personal Liberty: Encompasses the freedom to choose one’s life partner.

Important Judicial Pronouncements:

• Lata Singh vs. State of Uttar Pradesh (2006) – 

• The Supreme Court held that a woman is free to marry anyone she chooses, and such marriages cannot be interfered with by parents or society. 
• The Court condemned honour killings and harassment of inter-caste couples.

• Shafin Jahan vs. Asokan K.M. (Hadiya Case, 2018) – 
  • The Court ruled that the right to choose a life partner is intrinsic to personal liberty under Article 21.
  • No individual or institution can interfere in the choice of marriage of consenting adults.
• Shakti Vahini vs. Union of India (2018) – 
  • The Court directed the government to prevent honour crimes and protect couples exercising their right to marry against community opposition.
  • It declared that “honour” cannot override constitutional freedoms.
• Navtej Singh Johar vs. Union of India (2018) – 
  • By decriminalizing same-sex relations (Section 377), the Court expanded the scope of autonomy and dignity, implying that adults have the right to choose their partners regardless of gender.

Scope and Significance of the Right to Marry:

1. Personal Autonomy: Individuals have the freedom to make intimate decisions without state interference.
2. Equality Before Law: Protects against social and caste-based discrimination.
3. Protection from Honour Crimes: Strengthens the rule of law over patriarchal and caste hierarchies.
4. Expands Fundamental Rights Jurisprudence: Demonstrates the evolving interpretation of Article 21.
5. Supports SDG 5 (Gender Equality): Promotes freedom and equality for women in social institutions.

Challenges and Social Realities:

• Honour Killings and family pressure against inter-caste/inter-faith marriages.
• Societal intolerance towards same-sex and inter-religious unions.
• Misuse of laws such as forced conversion allegations in inter-faith marriages.
• Lack of awareness about legal remedies and constitutional protections.

Legal Safeguards:

• Special Marriage Act, 1954: Provides a secular framework for inter-faith and inter-caste marriages.
• Protection under CrPC Sections 97 & 98: For unlawful confinement of adults in such cases.
• High Court Directions: Various state police units have been instructed to ensure protection of consenting couples.
• Bharatiya Nyaya Sanhita (BNS), 2023: BNS indirectly protects this right by criminalizing acts that violate free marital choice:
  • Section 87, BNS: Punishes kidnapping or abduction to compel marriage.
  • Section 69, BNS: Penalizes sexual intercourse obtained through deceit or false promise of marriage.
  • Section 81, BNS: Covers deceitful cohabitation under false pretence of marriage.

Conclusion:

The Right to Marry the Person of One’s Choice is not merely a personal decision. It is a constitutional expression of freedom, dignity, and equality. By upholding this right, the judiciary reinforces the essence of a progressive, liberal, and inclusive democracy envisioned by the framers of the Constitution.

Sources:

1. https://indianexpress.com/article/india/right-to-marry-supreme-court-hadiya-case-5131055/

FAQs: